ADM Milling Co (2008)

In ADM Milling Co. v United Food and Commerical Workers International Union, Local 175 [2008] O.L.A.A. No. 677, the grievor had a physical disability preventing him from lifting certain objects in certain ways. He asked for accommodation in the form of rebundling - having other employees step in, periodically, to perform lifting tasks that were beyond his ability.

The employer dismissed the worker after doing an assessment that involved neither the worker nor the union. It found that a rebundling of duties would cause unsafe disruption in the workplace and would constitute undue financial burden.

The Arbitrator ruled that the employer's assessment was unfair; it failed to involve the union and the employee; it failed to order an independent medical exam; it failed to assess whether the employee could do other jobs (with or without modification) and it refused to cooperate with the WSIB. Moreover, it failed to prove undue hardship; cross-over of duties was written in the CA, his co-workers were more than willing to step in and there was no evidence of increased safety risk or undue financial burden.